Trial judge castigates lawyers in Clemens’ case

Roger Clemens’ congressional perjury trial opened this morning with signs of growing tension between the prosecution and defense.

Prosecutor Courtney Saleski complained that Justice Department lawyers had been given too little notice by Clemens’ defense team that upcoming DNA witness Dr. Marc Taylor would testify that DNA from both Clemens and former fitness coach Brian McNamee showed up on an incriminating needle allegedly used to inject Clemens with performance enhancing drugs.

Defense attorney Mike Attanasio conceded that Saleski might be right, saying he would “not quarrel” with her assessment. The defense notice that it planned to call Taylor did “not call out” the fact that the witness would describe the mixture of DNA on the needle.

That testimony would contrast with prosecution witness Alan Keel’s testimony that only Clemens’ DNA appeared on the needle that McNamee allegedly used to inject Clemens with performance enhancing drugs.

Clemens’ defense is hoping that testimony about mixed DNA on the needle will help persuade jurors that McNamee might have tampered with the needle to incriminate Clemens.

“I don’t think either side has been as candid as the (federal court) rule envisioned,” U.S. District Court Judge Reggie Walton told the lawyers.

“It is troubling to me that counsel on both sides are doing what has been done,” Walton continued. “I don’t think either side has been as forthright as it should have been.”

Clemens faces six felony counts of lying to Congress for his denial in 2008 that he had not used performance enhancing drugs. McNamee claims he injected Clemens on multiple occasions between 1998 and 2001.